[House Report 105-214]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-214
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PROVIDING FOR THE CONSIDERATION OF H.R. 2264, THE DEPARTMENTS OF LABOR,
HEALTH AND HUMAN SERVICES, AND EDUCATION APPROPRIATIONS BILL, 1998
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July 28, 1997.--Referred to the House Calendar and ordered to be
printed
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Mr. Dreier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 199]
The Committee on Rules, having had under consideration
House Resolution 199, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
brief summary of provisions of resolution
The resolution provides for the consideration of H.R. 2264,
the ``Departments of Labor, Health and Human Services, and
Education Appropriations Bill for FY 1998'' under an open rule.
The rule provides one hour of general debate divided equally
between the chairman and ranking minority member of the
Committee on Appropriations.
The rule waives all points of order against consideration
of the bill. The waiver includes waivers of clause 2(l)(6) of
rule XI (three-day availability of reports), clause 7 of rule
XXI (three-day availability of printed hearings), and sections
302 (prohibiting consideration of legislation providing new
entitlement authority in excess of a committee's allocation),
306 (prohibits consideration of legislation within Budget
Committee's jurisdiction, unless the Budget Committee has
reported it), and 308 (requiring a CBO cost estimate in the
committee report on legislation containing new entitlement
spending, or budget authority, or a change in revenues) of the
Congressional Budget Act of 1974 against the consideration of
the bill.
The rule also waives clause 2 of rule XXI (prohibiting
unauthorized and legislative provisions in an appropriations
bill) against provisions in the bill and clause 6 (prohibiting
reappropriations in an appropriations bill) of rule XXI against
provisions in the bill except as otherwise specified in the
rule.
The rule makes in order those amendments printed in the
Rules Committee report which may only be offered by the Member
designated, shall be considered as read, shall not to be
subject to amendment except as specified in the report and
except pro forma amendments offered for the purpose of debate,
and shall not be subject to a demand for a division of the
question. All points of order against the amendments printed in
the report are waived.
The rule authorizes the Chair to accord priority in
recognition to Members who have pre-printed their amendments in
the Congressional Record. The rule also allows for the Chairman
of the Committee of the Whole to postpone votes during
consideration of the bill, and to reduce votes to five minutes
on a postponed question if the vote follows a fifteen minute
vote.
The rule waives clause 2(e) of rule XXI (prohibiting non-
emergency amendments to be offered to a bill containing an
emergency designation under the Budget Act) against amendments
to the bill.
Finally, the rule provides for one motion to recommit, with
or without instructions.
amendments made in order by the rule for h.r. 2264--labor, hhs
appropriations bill, fy 1998
1. Hyde: Updates the Hyde amendment so that the current
restriction on the use of federal funds for abortions will
apply to managed care plans. It contains three exceptions: for
acts of rape, incest and the life of the mother. The life of
the mother language has been revised to ensure that managed
care plans interpret this exception correctly.
2. Lowey: Substitute amendment to the Hyde amendment.
Clarifies that federal funding may not be used for abortion
services for Medicaid recipients in traditional fee for service
arrangements or in managed care plans.
3. Istook: Requires written consent or proof of actual
notice from a parent or guardian before a minor could receive
contraceptive drugs or devices at a Title X clinic. Provides
the alternative of court review and consent if parent's consent
cannot be obtained. Applies to contraceptive drugs and devices
only, not to any family planning information and counseling.
Requires that staff at Title X clinics report evidence of child
abuse, child molestation, sexual abuse, rape or incest.
4. Porter: Substitute amendment to the Istook amendment. To
qualify for Title X family planning funds, the grantee must
certify that it (1) encourages family involvement and (2)
counsels minors on how to resist coercive sexual activity.
amendments made in order by the rule
1. The Amendment To Be Offered by Representative Hyde of Illinois or a
Designee
Page 94, strike lines 16 through 21 and insert the
following (and redesignate the succeeding sections
accordingly):
Sec. 508. (a) None of the funds appropriated under this Act
shall be expended for any abortion.
(b) None of the funds appropriated under this Act shall be
expended for health benefits coverage that includes coverage of
abortion.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape
or incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness,
including a life-endangering physical condition caused
by or arising from the pregnancy itself, that would, as
certified by a physician, place the woman in danger of
death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
affecting the expenditure by a State or private person of State
or private funds (other than a State's contribution of Medicaid
matching funds).
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2. A Substitute Amendment to the Amendment Offered by Representative
Hyde To Be Offered By Representative Lowey of New York, or a Designee
Page 94, strike lines 16 through 21 and insert the
following (and redesignate the succeeding sections
accordingly):
Sec. 508. (a) None of the funds appropriated under this Act
shall be expended for any abortion.
(b) None of the funds appropriated under this Act shall be
expended to contract with any health plan for the provision of
abortion.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion when such an abortion is
necessary to save the life of the mother or when the pregnancy
is the result of an act of rape or incest.
(b) Nothing in the preceding section shall be construed as
affecting the expenditure by a State or private person with
State or private funds (other than a State's contribution of
Medicaid matching funds).
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3. An Amendment To Be Offered By Representative Istook of Oklahoma, or
Representative Manzullo of Illinois or a Designee
At the end of title II, insert after the last section
(preceding the short title) the following section:
Sec. . (a) Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service
Act shall be exempt from any State law requiring notification
or the reporting of child abuse, child molestation, sexual
abuse, rape, or incest.
(b) None of the funds appropriated in this Act or any other
Act for any fiscal year may be made available to any provider
of services under title X of the Public Health Service Act if
such provider knowingly provides contraceptive drugs or devices
to a minor, unless--
(1) the minor is emancipated under applicable State
law;
(2) the minor has the written consent of a custodial
parent or custodial legal guardian to receive the drugs
or devices;
(3) a court of competent jurisdiction has directed
that the minor may receive the drugs or devices; or
(4) such provider of services has given actual
written notice to a custodial parent or custodial legal
guardian of the minor, notifying the parent or legal
guardian of the intent to provide the drugs or devices,
at least five business days before providing the drugs
or devices.
(c) Each provider of services under title X of the Public
Health Service Act shall each year certify to the Secretary of
Health and Human Services compliance with this section. Such
Secretary shall prescribe such regulations as may be necessary
to effectuate this section.
4. A Substitute Amendment to the Amendment Offered by Representative
Istook or Representative Manzullo To Be Offered by Representative
Porter of Illinois, or a Designee
At the end of title of the bill, insert after the last
section (preceding the short title) the following section:
Sec. . None of the funds appropriated in the Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.